Former Delaware Chief Justice Leo Strine returns to the podcast for a wide-ranging conversation on the state of corporate law, shifts in Delaware governance, shareholder rights, AI companies, and the ethical responsibilities of directors in a rapidly changing political and technological landscape.
(0:00) Intro
(1:29) About the podcast sponsor: The American College of Governance Counsel.
(2:15) Start of interview. *Reference to prior episode with Leo Strine (E100)
(3:09) The Call of Conscience and The Current Moment (reference to his speech at the Weinberg Center in Oct of 2025)
(5:18) Skepticism about Credibility of the Elite Among the Youth
(7:02) The Ethical Muscle
(8:20) Acknowledging Discrimination
(8:56) The Climate Crisis
(12:37) Shifts in Delaware Law
(13:45) Return to Traditions. "What Delaware has done is return to its traditions that existed the entire time I was a judge."
(14:28) The Controlled Company Debate and the MFW standard.
(25:00) On the recent pushback against incorporating in Delaware: "I don't minimize the moment"
(32:00) Section 220 Books and Records under SB21
(34:20) The statute was amended to provide more predictability. It actually looks like the Model Business Corporation Act. "I think both elements of this statute balance fairness and efficiency in a really good way."
(39:54) Activist Judges and Delaware. "This was a nonpartisan initiative to restore confidence in Delaware's corporate law. I have the utmost respect for our judiciary, I'm proud to have been part of it, and I believe they will follow the law."
(42:26) Delaware's Competitive Edge
(48:25) The Rise of AI Companies
(52:16) Energy Demand from AI. From guardrails to "trust us"
(58:39) The Urgency of Leadership
(1:01:59) Davos looks like a portrait of leadership failure "either eliminate it or make it real."
Leo E. Strine, Jr., is Of Counsel at Wachtell, Lipton, Rosen & Katz. Prior to joining WLRK, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019.